HomeMy WebLinkAboutMS 705; Breitbarth, Lary & Nancy; 87-040333; Hold Harmless Agreement/Release‘I . , - 87 040333
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CITY OF CARLSBAD 1200 Elm Avenue f987 JAN 26 AN f@ 56
Carlsbad, California 92008 ) VERA I. LYLE COUHT~RE~~~~ .I space above this line for Recorder's use-,-
Documentary transfer tax: $ No fee
NO FEE Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 156-120-63
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of th,e City's approval of a drainage plan
(Plan No. MS 705 ) and/or improvement plans
(Plan No. ------------- ) for development to occur on
property described as Par lot 4s9racm & 31 T 119 R.4W. SRM ._ I.
(APN156-120-63), 1 (we) 1ar-v 14. Breibrf-h and N-h-
the owner(s) of said property promise to indemnify and to hold the
City of Carlsbad and any of its agencies or employees harmless from
liability for injuries to persons, or damage to or taking of property,
directly or indirectly caused by the diversion of waters, the
alteration of the normal flow of surface waters or drainage, or the
concentration of surface waters or drainage from the drainage system
or other improvements identified in the approved plans: or by the
design, construction or maintenance of the drainage system or other
improvements identified in the approved plans.
Approval of the plans by the City shall not constitute an
assumption by the City of any responsibility for such damage or
-2- 4 * I
8 t+king. *City shall not be an insurer or surety for the design or
construction of the improvements pursuant to the approved plans, nor
shall any officer.or employee thereof be liable or responsible for any
accident, loss or damage happening or occuring during the construction
work or improvements as specified in this agreement.
It is further agreed that the above owner(s) will maintain
all drainage systems to insure a free flow to a satisfactory point of
discharge unless said systems are accepted as public facilities.
It is further agreed that this agreement shall be binding on
all heirs, successors or assigns having an interest in all or any part
of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this
instrument this Ll /p day of I 19fi .
OWwR(S): /7 kY5ciAdbqh
LaryUj. Breitbarth
Attached to Hold Harmless Agreement-Drainage dated January 13, 1987
f Individual) executed by Lary W. Breitbarth and Nancy Breitbarth.,**.
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STATE OF CALIFORNIA
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COUNTY OF San Dieso
Oil January 13, 1987 before me, the undersigned, a Notary Public in and for said
State, personally appeared -------- LARY W. BREITBARTH AND NANCY BREITBARTH ---- -----------------------------------------------------------------
----------------------------------------------------------------- ----_------------- personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person -K-- S are whose name ~ subscribed
to the within instrument and acknowledged that they
executed the same.
WITNESS my hand and official seal.
Signature
Cheryl Kay Cro%in
Name (Typed or Printed)
FSD-067 (mm wea for amcml notarirl seal,